House Bill 1738

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE STATE SOIL AND WATER CONSERVATION COMMISSION FOR THE FISCAL
YEAR 2005.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION
1. The following sum, or so much
thereof as may be necessary, is hereby appropriated out of any money in the
State General Fund not otherwise appropriated, to the State Soil and Water
Conservation Commission for the purpose of defraying the administrative
expenses of the commission and carrying out the provisions of Section 69-27-1
et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2004,
and ending

June 30, 2005............................... $ 711,260.00.

SECTION 2. The following sum, or so much thereof as may
be necessary, is hereby appropriated out of any money in the special fund in
the State Treasury to the credit of the State Soil and Water Conservation
Commission which is comprised of special source funds collected by or otherwise
available to the commission, for the purpose of defraying the expenses of the
commission for the fiscal year beginning July 1, 2004, and ending
June 30, 2005.......................................

............................................ $ 3,281,459.00.

SECTION
3. Of the funds appropriated under
the provisions of Section 1 and Section 2, not more than the amounts set forth
below shall be expended for the respective major objects or purposes of
expenditure:

Any transfers or escalations shall be made
in accordance with the terms, conditions and procedures established by law or
allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written
approval from the Department of Finance and Administration. The Department of Finance and Administration
shall not provide written approval to escalate any funds for salaries and/or
positions without proof of availability of new or additional funds above the
appropriated level.

No general funds authorized to be expended
herein shall be used to replace federal funds and/or other special funds which
are being used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.

SECTION
4. It is the intention of the Legislature that
the State Soil and Water Conservation Commission shall maintain complete
accounting and personnel records related to the expenditure of all funds
appropriated under this act and that such records shall be in the same format
and level of detail as maintained for Fiscal Year 2004. It is further the intention of the
Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted
to the Joint Legislative Budget Committee in a format and level of detail
comparable to the format and level of detail provided during the Fiscal Year
2005 budget request process.

SECTION
5. The State Soil and Water
Conservation Commission is hereby authorized to retain all funds generated from
the sale of equipment. Any funds made
available from the sale of equipment shall be deposited into the special fund
in the State Treasury to the credit of the Soil and Water Conservation
Commission and shall be used solely for the purpose of purchasing equipment.

SECTION
6. The State Soil and Water
Conservation Commission is hereby authorized to receive, budget and expend any
proceeds derived from the sale of bonds authorized in Section 69-27-331 et
seq., Mississippi Code of 1972. All
expenditures shall be in accordance with conditions provided in Section 69-27-331
et seq., Mississippi Code of 1972.

SECTION
7. It is the intention of the
Legislature that the Soil and Water Conservation Commission shall have the
authority to escalate its budget and expend funds from any source not to exceed
Seven Hundred Fifty Thousand Dollars ($750,000.00) in accordance with rules and
regulations of the Department of Finance and Administration in a manner
consistent with the escalation of federal funds.

SECTION
8. Of the funds appropriated in
Section 1, it is the intention of the Legislature that an amount not to exceed
Sixty-five Thousand Dollars ($65,000.00) be used for the purpose of funding a
Beaver Control Cost Share program. The
Mississippi Soil and Water Conservation Commission shall promulgate rules and
regulations for the establishment and operation of the program on a fund
matching basis with the county unit of government. Funds not expended or encumbered in a county may be transferred
to another county during the fiscal year.
Only those funds specifically appropriated for the Beaver Control Cost
Share program shall be used in any such program.

SECTION
9. The money herein appropriated
shall be paid by the State Treasurer out of any money in the State Treasury to
the credit of the proper fund or funds as set forth in this act, upon warrants
issued by the State Fiscal Officer; and the State Fiscal Officer shall issue
his warrants upon requisitions signed by the proper person, officer or
officers, in the manner provided by law.

SECTION
10. This act shall take effect and
be in force from and after July 1, 2004.